Explore every episode of the podcast So to Speak: The Free Speech Podcast
| Title | Pub. Date | Duration | |
|---|---|---|---|
| Ep. 232: We answer your free speech questions | 18 Dec 2024 | 01:06:49 | |
FIRE staffers take your questions on the TikTok ban, mandatory DEI statements, the Kids Online Safety Act, Trump vs. the media, and more. Joining us:
This webinar was open to the public. Future monthly FIRE Member Webinars will not be. Become a paid subscriber today to receive invitations to future live webinars. If you became a FIRE Member through a donation to FIRE at thefire.org and would like access to Substack’s paid subscriber podcast feed, please email sotospeak@thefire.org. Timestamps:00:00 Intro 00:52 Donate to FIRE! 02:49 TikTok ban 10:01 Ari’s work as tech policy lead counsel 12:03 Mandatory DEI statements at universities 15:19 How does FIRE address forced speech? 18:17 Texas’ age verification law 24:35 Would government social media bans for minors be a First Amendment violation? 33:48 Online age verification 35:17 First Amendment violations while making public comments during city council/school board public meetings 37:25: Edison, New Jersey city council case 39:48 FIRE’s role in educating Americans 41:55 If social media addiction cannot be dealt with like drugs, how can it be dealt with? 43:34 “Pessimists Archive” Substack and moral panics 45:27 Trump and the media 51:23 Gary Gadwa case 52:49 How to distinguish the freedom of speech versus freedom from social consequences? 55:53 Free speech culture is a “mushy concept” 57:58 ABC settlement with Trump 01:01:27 Nico’s upcoming book! 01:02:32 FIRE and K-12 education 01:04:40 Outro Show notes:“TikTok Inc. and ByteDance LTD. v. Merrick B. Garland, in his official capacity as attorney general of the United States” (D.C. 2024) “Opinion: The TikTok court case has staggering implications for free speech in America” L.A. Times (2024) H.B. No. 1181 (Tex. 2023; Texas age-verification law) “The Anxious Generation” Jonathan Haidt (2024) S. 1409 - Kids Online Safety Act (2023-2024) American Amusement MacH. Ass’n v. Kendrick (Ind. 2000) “Edison Township, New Jersey: Town Council bans props, including the U.S. flag and Constitution, at council meetings” FIRE (2024) “LAWSUIT: Arizona mom sues city after arrest for criticizing government lawyer’s pay” FIRE (2024) “Trump v. American Broadcasting Companies, Inc.” (2024) “New Jersey slaps down censorship with anti-SLAPP legislation” FIRE (2023) “FIRE defends Idaho conservation officer sued for criticizing wealthy ranch owner’s airstrip permit” FIRE (2023) “On Liberty” John Stuart Mill (1859) “Home Depot cashier fired over Facebook comment about Trump shooting” Newsweek (2024) “Free speech culture, Elon Musk, and Twitter” FIRE (2022) “Questions ABC News should answer following the $16 million Trump settlement” Columbia Journalism Review (2024) “Appellants’ opening brief — B.A., et al. v. Tri County Area Schools, et al.” FIRE (2024) Transcript is here | |||
| Ep. 231: What is academic freedom? With Keith Whittington | 12 Dec 2024 | 01:07:00 | |
“Who controls what is taught in American universities — professors or politicians?” Yale Law professor Keith Whittington answers this timely question and more in his new book, “You Can’t Teach That! The Battle over University Classrooms.” He joins the podcast to discuss the history of academic freedom, the difference between intramural and extramural speech, and why there is a “weaponization” of intellectual diversity. Keith E. Whittington is the David Boies Professor of Law at Yale Law School. Whittington’s teaching and scholarship span American constitutional theory, American political and constitutional history, judicial politics, the presidency, and free speech and the law. Timestamps: 00:00 Intro 02:00 The genesis of Yale’s Center for Academic Freedom and Free Speech 04:42 The inspiration behind “You Can’t Teach That!” 06:18 The First Amendment and academic freedom 09:29 Extramural speech and the public sphere 17:56 Intramural speech and its complexities 23:13 Florida’s Stop WOKE Act 26:34 Distinctive features of K-12 education 31:13 University of Pennsylvania professor Amy Wax 39:02 University of Kansas professor Phillip Lowcock 43:42 Muhlenberg College professor Maura Finkelstein 47:01 University of Wisconsin La-Crosse professor Joe Gow 54:47 Northwestern professor Arthur Butz 57:52 Inconsistent applications of university policies 01:02:23 Weaponization of “intellectual diversity” 01:05:53 Outro Show notes:
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| Ep. 222: John Stuart Mill’s lasting impact on the Supreme Court | 15 Aug 2024 | 01:04:17 | |
How has 19th-century English philosopher John Stuart Mill influenced America’s conception of free speech and the First Amendment? In their new book, “The Supreme Court and the Philosopher: How John Stuart Mill Shaped U.S. Free Speech Protections,” co-authors Eric Kasper and Troy Kozma look at how the Supreme Court has increasingly aligned its interpretation of free expression with Mill’s philosophy, as articulated in “On Liberty.” Eric Kasper is professor of political science at the University of Wisconsin-Eau Claire, where he serves as the director of the Menard Center for Constitutional Studies. Troy Kozma is a professor of philosophy and the academic chair at the University of Wisconsin-Eau Claire - Barron County. Timestamps 00:00 Intro 02:26 Book’s origin 06:51 Who is John Stuart Mill? 10:09 What is the “harm principle”? 16:30 Early Supreme Court interpretation of the First Amendment 26:25 What was Justice Holmes’ dissent in Abrams v. U.S.? 30:28 Why did Justice Brandeis join Holmes’ dissents? 36:10 What are loyalty oaths? 40:36 Justice Black’s nuanced view of the First Amendment 43:33 What were Mill’s views on race and education? 50:42 Private beliefs vs. public service? 52:40 Commercial speech 55:51 Where do we stand today? 1:03:32 Outro Transcript is HERE
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| Ep. 132 Academic Freedom Alliance with Keith Whittington | 25 Mar 2021 | 00:58:29 | |
On today’s episode of So to Speak: The Free Speech Podcast, we discuss the newly formed Academic Freedom Alliance, which is a union of American college faculty members dedicated to protecting faculty expressive and academic freedom rights. Keith E. Whittington is the William Nelson Cromwell Professor of Politics in the Department of Politics at Princeton University. Professor Whittington is the chair of AFA’s Academic Committee. He also is a member of FIRE’s Board of Directors. www.sotospeakpodcast.com | |||
| Ep. 131 ‘Incitement’ with David L. Hudson Jr. | 08 Mar 2021 | 00:39:44 | |
There are very few exceptions to the First Amendment, and “incitement to imminent lawless action” is one of them. In the wake of former President Donald Trump’s impeachment trial over his alleged incitement of the Jan. 6 violence at the U.S Capitol, this obscure legal doctrine has captured headlines. On today’s episode of So to Speak: The Free Speech Podcast, we discuss the incitement doctrine, and whether Trump’s Jan. 6 speech amounted to incitement, with First Amendment scholar and FIRE Legal Fellow David L. Hudson Jr. He is an Assistant Professor of Law at Belmont University and the Justice Robert H. Jackson Legal Fellow at FIRE.
www.sotospeakpodcast.com | |||
| Ep. 130 Stonewalling by the University of California | 25 Feb 2021 | 00:18:39 | |
On today’s episode of So to Speak: The Free Speech Podcast, we explore a multi-year public records odyssey at the University of California, Los Angeles involving former Treasury Secretary Steven Mnuchin, a campus appearance, administrative stonewalling, and, finally, a successful lawsuit filed by FIRE. And, on the eve of Student Press Freedom Day, we learn about the challenges student journalists face accessing public records in the University of California system and why access to such records is important for democracy and for student journalists to fulfill their watchdog role. Show notes: www.sotospeakpodcast.com | |||
| Ep. 129 ‘The Fight for Free Speech’ with Ian Rosenberg | 11 Feb 2021 | 00:50:01 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by media lawyer Ian Rosenberg to discuss his new book, “The Fight for Free Speech: Ten Cases That Define Our First Amendment Freedoms.” Rosenberg is assistant chief counsel at ABC, Inc., where he has provided pre-broadcast counsel for ABC News clients on libel, newsgathering, intellectual property, and FCC regulatory issues since 2003. Show notes: www.sotospeakpodcast.com | |||
| Ep. 128 John McWhorter says academics are really, really worried | 28 Jan 2021 | 00:45:34 | |
Last summer, Columbia University Professor John McWhorter wrote that he was receiving missives almost daily “from professors living in constant fear for their career because their opinions” are incompatible with campus orthodoxies. On today’s episode of So to Speak: The Free Speech Podcast, we catch up with McWhorter to discuss how the culture has changed (or not) since The Atlantic published his article, “Academics Are Really, Really Worried About Their Freedom.” McWhorter is a member of FIRE’s Board of Directors and the host of the popular Lexicon Valley podcast. Show notes: www.sotospeakpodcast.com | |||
| Ep. 127 What happened to American childhood? with Kate Julian and Greg Lukianoff | 14 Jan 2021 | 00:57:53 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by senior editor at The Atlantic Kate Julian and FIRE President and CEO Greg Lukianoff to discuss rising rates of childhood depression, anxiety, and suicide. How might these trends be connected to the way we parent our kids — and what do they mean for our wider society and for campus free speech? Kate is the author of the 2020 Atlantic cover story, “What Happened To American Childhood?,” and this conversation is part of Greg’s “Catching up with Coddling” blog series, in which he reviews recent developments related to the themes of his co-authored 2018 book “The Coddling of the American Mind.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 126 Free speech after the Jan. 6 Capitol riot | 12 Jan 2021 | 01:01:04 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Reason Magazine Senior Editor Robby Soave and FIRE President and CEO Greg Lukianoff to discuss the Washington, DC Capitol riot of Jan. 6, 2021 and the effect it has had — and will have — on free speech, particularly speech on the internet. Robby is the author of the forthcoming book “Tech Panic.” www.sotospeakpodcast.com | |||
| Ep. 125 National Review’s Charles C.W. Cooke | 10 Dec 2020 | 01:06:12 | |
On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by the editor of NationalReview.com, Charles C.W. Cooke, to discuss free speech philosophy, Christopher Hitchens, the October murder of a school teacher in France, and recent attacks on Section 230 of the Communications Decency Act. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 124 ‘Burning the Books’ with Richard Ovenden | 01 Dec 2020 | 00:49:21 | |
On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by Richard Ovenden to discuss his new book, “Burning the Books: A History of the Deliberate Destruction of Knowledge.” Show notes: www.sotospeakpodcast.com | |||
| Ep. 123 Campus mobs, heckler’s vetoes, racial segregation, and a rogue student government! | 13 Nov 2020 | 00:54:34 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by FIRE’s Robert Shibley and Adam Goldstein to discuss recent cases of censorship — and a case of racial segregation — on campus. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 221: Section 230 co-author, Rep. Christopher Cox | 01 Aug 2024 | 00:58:17 | |
Some argue that Section 230 allows the internet to flourish. Others argue it allows harmful content to flourish. Section 230 of the Communications Decency Act is an American law passed in 1996 that shields websites from liability for content posted on their sites by users. Timestamps 0:00 Intro 2:43 Did Section 230 create the modern internet? 7:48 America’s technological advancement 11:33 Section 230’s support for good faith content moderation 18:00 User privacy and age verification? 25:37 Rep. Cox’s early experiences with the internet 30:24 Did we need Section 230 in the first place? 37:51 Are there any changes Rep. Cox would make to Section 230 now? 42:40 How does AI impact content creation and moderation? 47:23 The future of Section 230 54:31 Closing thoughts 57:30 Outro
Show notes:
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| Ep. 122 U.S Constitution masterclass with Judge Douglas Ginsburg | 29 Oct 2020 | 00:44:46 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Senior Circuit Judge Douglas H. Ginsburg for a masterclass on the history of the U.S. Constitution. Judge Ginsburg was appointed to the United States Court of Appeals for the District of Columbia in 1986 and served as that court’s Chief Judge from 2001-2008. He is also a Professor of Law at George Mason University and the host of the new PBS television series about the U.S. Constitution, “A More or Less Perfect Union, A Personal Exploration by Judge Douglas Ginsburg.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 121 Hugh M. Hefner First Amendment Awards | 15 Oct 2020 | 00:41:13 | |
Since 1980, the Hugh M. Hefner First Amendment Awards have recognized those who go above and beyond to protect and enhance First Amendment rights. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Christie Hefner, who founded and chairs the awards, to discuss the awards’ origins and this year’s awardees in the categories of law, book publishing, journalism, arts & entertainment, education, and lifetime achievement. From 1988 to 2008, Christie Hefner — daughter of Playboy founder Hugh Hefner — was Chairman and CEO of Playboy Enterprises, making her the longest-serving female CEO of a U.S. public company. For three years, she appeared on Forbes’ “100 Most Powerful Women” list. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 120.1 Mighty Ira documentary watch-along | 12 Oct 2020 | 01:42:28 | |
Watch-along as Co-Director Nico Perrino narrates the new documentary film about the life and career of former ACLU Executive Director Ira Glasser, “Mighty Ira: A Civil Liberties Story.” Show notes: www.sotospeakpodcast.com | |||
| Ep. 120 ‘Mighty Ira’ Glasser | 12 Oct 2020 | 01:05:51 | |
Former ACLU Executive Director Ira Glasser discusses the new film about his life and career, “Mighty Ira: A Civil Liberties Story.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 119 2020 College Free Speech Rankings | 01 Oct 2020 | 00:49:38 | |
On today’s episode of So to Speak: The Free Speech Podcast, FIRE Senior Research Fellow Sean Stevens joins us to discuss the “2020 College Free Speech Rankings: What’s the Climate for Free Speech on America’s College Campuses?” The rankings are based on the largest free speech survey of college students ever performed, which collected the views of 20,000 students. We discuss the best and worst colleges for free speech and other interesting data points from the survey: For example, 31% of students don’t believe President Donald Trump should be allowed on campus to share his views. And 22% said the same of former Vice President Joe Biden. Show notes: www.sotospeakpodcast.com | |||
| Ep. 118 David Goldberger, lead attorney in “the Skokie case” | 17 Sep 2020 | 00:55:00 | |
He is most widely known for his role as lead attorney in what’s simply become known as “the Skokie case.” But David Goldberger’s storied legal career goes far beyond his representation of neo-Nazis who wanted to rally in a village where a large number of Holocaust survivors lived. On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Goldberger to discuss his half century of practice in First Amendment law — including his four (successful) trips to the U.S. Supreme Court. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 117 What a summer … | 14 Aug 2020 | 01:03:34 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by FIRE’s Robert Shibley and Samantha Harris to discuss a whirlwind summer: FIRE has fielded a record number of requests for help, and this week the Department of Education’s much-anticipated new Title IX regulations go into effect. There’s also “cancel culture.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 116 ‘Journal of Controversial Ideas’ with Prof. Peter Singer | 05 Aug 2020 | 00:44:15 | |
Princeton Professor Peter Singer has been called “the world’s most influential living philosopher.” But he may be as controversial as he is influential. It’s perhaps fitting then that he is a founding editor of a new academic publication called the Journal of Controversial Ideas. The journal claims to be the world’s “first open access, peer-reviewed interdisciplinary journal specifically created to promote free inquiry on controversial topics.” On today’s episode of So to Speak: The Free Speech Podcast, we are joined by Professor Singer to discuss the journal, academic freedom, and his own personal brushes with controversy. A transcript of this episode can be found at this link. www.sotospeakpodcast.com | |||
| Ep. 115 ‘Dare to Speak’ with PEN America’s Suzanne Nossel | 21 Jul 2020 | 01:05:31 | |
On today’s episode of So to Speak, we are joined by PEN America CEO Suzanne Nossel to discuss campus censorship, cancel culture, how different generations think about free speech, the attacks on Charlie Hebdo in 2015, and more. Nossel is the author of the forthcoming book, “Dare to Speak: Defending Free Speech for All.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 114 Glenn Loury objects | 08 Jul 2020 | 00:55:22 | |
As protests against racial injustice continue across America, colleges and universities are increasingly speaking out in support of the protests. What’s more, some are also taking action to investigate or punish faculty critical of the protesters’ perceived aims. What does this mean for academic freedom and freedom of speech? And does this signal a shift away from the idea, best exemplified by the University of Chicago’s Kalven Report, that there should be a “heavy presumption against the university taking collective action or expressing opinions on the political and social issues of the day?” To discuss, we are joined by Glenn Loury, Merton P. Stoltz Professor of the Social Sciences at Brown University, who objected to a letter about the protests sent by Brown’s senior administrators. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 220: Political violence and speech | 18 Jul 2024 | 01:05:47 | |
Did overheated political rhetoric lead to the assassination attempt on former President Donald Trump?
Nadine Strossen is a professor emerita at New York Law School, former president of the ACLU, and a senior fellow at FIRE.
Jacob Mchangama is the founder and executive director of The Future of Free Speech. He is a research professor at Vanderbilt University and a senior fellow at FIRE.
Timestamps
0:00 Intro 2:45 Initial reactions to Trump assassination attempt 7:39 Can we blame political violence on rhetoric? 15:56 Weimar and Nazi Germany 26:05 Is the Constitution a “suicide pact”? 39:21 Is violence ever justified? 49:24 Censorship in the wake of tragedy and true threats 59:06 Closing thoughts 1:04:54 Outro
Show notes: “Freedom of expression and social conflict” by Christian Bjørnskov and Jacob Mchangama FIRE’s 2024 College Free Speech Rankings (featuring data on college student support for violence) Recent court ruling in DeRay McKesson protest case “The Tyranny of Silence” by Flemming Rose “Free Speech: A History from Socrates to Social Media” by Jacob Mchangama
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| Rebroadcast: How Daryl Davis, a black man, defeats the Ku Klux Klan with open dialogue | 24 Jun 2020 | 00:40:17 | |
This episode is a rebroadcast from March 2017. “If you spend five minutes with your worst enemy, you will find you have something in common,” said Daryl Davis. “If you spend 10 minutes, you’ll find you even have more in common. And the more you find that you have in common and build upon those things, the less the things that you have in contrast will begin to matter, like skin color.” Since the early 90s, Davis, a black man, has taken up the curious pastime of befriending members of the Ku Klux Klan. The result? He has dozens of Klan robes at his home that were given to him by former Klan members who shed their racist beliefs after meeting him. On today’s episode of So to Speak: The Free Speech Podcast, we explore how open dialogue and debate have shown Davis a path toward a more tolerant future. www.sotospeakpodcast.com Follow us on Twitter: https://www.twitter.com/freespeechtalk Like us on Facebook: https://www.facebook.com/sotospeakpodcast Email us: sotospeak@thefire.org | |||
| Ep. 113 Charlottesville reflections with Rodney Smolla | 04 Jun 2020 | 01:01:12 | |
During the summer of 2017, a fierce dispute over the removal of Confederate monuments in Charlottesville, Va. captured national attention. The events that summer led to racial animosity and heated debate over our nation’s history and the First Amendment, and threw one historic city into turmoil, ultimately culminating in death and tragedy during the weekend of Aug. 11. On today’s episode of So to Speak, we are joined by Rodney Smolla to reflect on what happened in Charlottesville. Smolla is Dean and Professor of Law at the Delaware Law School of Widener University. He is also the author of a new book, “Confessions of a Free Speech Lawyer: Charlottesville and the Politics of Hate.” Editor’s note: This podcast was recorded on Wednesday, May 20, prior to the protests that began last week surrounding policing and race in America. Had these events taken place before our recording, they almost certainly would have been addressed, as there are many dots to connect between Charlottesville and our current moment, especially as they relate to race, the police, and our First Amendment rights. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 112 College social media censorship | 21 May 2020 | 00:36:38 | |
A new FIRE report finds that 77% of public colleges and universities use a blacklist of secret words to censor comments on their Facebook pages. What’s more, 87% of them block particular users on Facebook or Twitter. How do these blacklists work? How were they discovered? And do they violate the First Amendment? On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by the director of FIRE’s Individual Rights Defense Program, Adam Steinbaugh. He is the author of “No Comment: Public Universities’ Social Media Use and the First Amendment.” Show notes: www.sotospeakpodcast.com | |||
| Ep. 111 'Dear Colleague,' due process now required. Title IX rules analysis. | 08 May 2020 | 01:00:17 | |
On Wednesday, the Department of Education published its long-awaited new Title IX regulations. Over the years — and with the federal government’s prodding — Title IX has been twisted and used to justify censorship and the denial of core due process rights for those accused of sexual misconduct on America’s college campus. The new regulations will better protect certain free speech and due process rights long denied to students. On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by FIRE Executive Director Robert Shibley and FIRE Senior Fellow Samantha Harris for a deep-dive analysis of the new regulations and the history of Title IX abuse on campus. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 110 The Constitution in the age of coronavirus w/ Prof. Josh Blackman | 28 Apr 2020 | 00:36:51 | |
With much of the country under stay-at-home orders due to COVID-19, what do these orders mean for the five freedoms of the First Amendment? On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino and constitutional law expert Josh Blackman will break it all down. Blackman is a professor of law at the South Texas College of Law in Houston and the author of three books, including his recently co-authored book with Professor Randy E. Barnett, “An Introduction to Constitutional Law: 100 Supreme Court Cases Everyone Should Know.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 109 Censorship pandemic | 16 Apr 2020 | 00:49:30 | |
For authoritarian leaders across the globe, the coronavirus emergency presents an opportunity to silence critics and consolidate power. On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by international free expression experts Jacob Mchangama and Sarah McLaughlin to discuss how countries like Turkey, Hungary, Egypt, and Thailand are banning “fake news” amidst the pandemic — but, in doing so, are making the crisis worse. Mchangama is the executive director of Justitia, a Copenhagen-based think tank focused on human rights and the rule of law. He is also the host and producer of the podcast Clear and Present Danger: A History of Free Speech. McLaughlin is the director of Targeted Advocacy at FIRE. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 108 A history of (dis)information wars in the Soviet Union and beyond | 02 Apr 2020 | 01:02:07 | |
How and why do authoritarian regimes seek to control information? On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by University of Maryland Associate Professor Cynthia L. Martin to explore how one country, the former Soviet Union, restricted access to information and stifled dissent — and what changed when that regime collapsed in 1991. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 107.1 "Coronavirus and the failure of the ‘Marketplace of Ideas’" | 20 Mar 2020 | 00:16:56 | |
"Coronavirus and the failure of the ‘Marketplace of Ideas’" www.sotospeakpodcast.com
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| Ep. 107 FIRE, the coronavirus, and the failure of the ‘Marketplace of Ideas’ | 20 Mar 2020 | 00:51:35 | |
On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino sits down with FIRE President & CEO Greg Lukianoff to discuss how FIRE is adapting to the coronavirus outbreak. We also explore the ideas behind Greg’s new, widely discussed article, “Coronavirus and the failure of the ‘Marketplace of Ideas’.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 106 ‘Free speech and justified true belief’ w/ prof. Joseph Blocher | 19 Mar 2020 | 01:13:48 | |
Why is it important that we protect freedom of speech? On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Duke University School of Law professor Joseph Blocher, who argues that one of the most common justifications for free speech — creating a “marketplace of ideas” in our search for truth — rests on unstable ground in our “post-truth” era. In his article, “Free Speech and Justified True Belief,” Blocher argues for a reframing of this epistemic theory of free speech around knowledge, rather than truth. Nico and Blocher are joined in their discussion by frequent guest and First Amendment News Editor Ronald K.L. Collins. Show notes: “Coronavirus and the failure of the ‘Marketplace of Ideas’” by Greg Lukianoff “Bans” by Joseph Blocher National Institute of Family and Life Advocates v. Bacerra (2018) www.sotospeakpodcast.com | |||
| Ep. 219: The First Amendment at the Supreme Court | 03 Jul 2024 | 01:39:29 | |
The Supreme Court term is over. We review its First Amendment cases.
Become a FIRE Member today and gain access to live monthly webinars where you can ask questions of FIRE staff. The next webinar is July 8 at 1 p.m. ET. We will take your questions about the Supreme Court term. Show Notes: Timestamps 0:00 Intro 2:53 Moody v. NetChoice and NetChoice v. Paxton
46:57 Murthy v. Missouri 1:06:04 Gonzales v. Trevino 1:17:58 Vidal v. Elster 1:26:04 O’Connor-Ratcliff v. Garnier and Lindke v. Freed 1:34:00 Loper Bright Enterprises v. Raimondo (the Chevron deference case) 1:37:26 Free Speech Coalition v. Paxton (forthcoming SCOTUS case) 1:38:30 Outro
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| Ep. 105 ‘Rap on Trial’ | 05 Mar 2020 | 00:55:34 | |
At a time when artistic expression has never enjoyed greater First Amendment protection, rap music has seemingly been left behind. Rap lyrics are routinely used as evidence by police and prosecutors to justify arresting and charging suspects for all manner of alleged crimes. In their new book, “Rap on Trial: Race, Lyrics, and Guilt in America,” authors Erik Nielson and Andrea L. Dennis identify approximately 500 cases where the violent and aggressive themes within rap lyrics were used against defendants in court. On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino speaks with Nielson and Dennis about their book, in which they argue that no other form of creative expression — or genre of music — is treated the same way as rap by the law. “That’s why we call this book ‘Rap on Trial.’ It’s not art on trial. It’s not music on trial. It’s rap on trial.” www.sotospeakpodcast.com | |||
| Ep. 104 Violent video games with Villanova Professor Patrick M. Markey | 20 Feb 2020 | 00:54:41 | |
Do violent video games make people more violent? Amid calls to censor or restrict access to violent video games because of their perceived contributions to violent events (such as school shootings), the question is as important as ever. On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino explores this question. He is joined by FIRE’s resident video game expert (and FIRE staffer) Ryne Weiss and Villanova University professor Patrick M. Markey. Markey is the co-author with Christopher J. Ferguson of Moral Combat: Why the War on Violent Video Games is Wrong. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 103 Guns, addiction, and the press | 06 Feb 2020 | 01:32:57 | |
Is carrying a weapon during a political demonstration protected by the First Amendment? What about intentionally creating an addictive video game? Does the First Amendment’s press clause require the existence of news outlets? On today’s episode of So to Speak: The Free Speech Podcast, we explore these three topics and more with First Amendment scholar Luke Morgan, who has written three fascinating articles that examine the scope of the First Amendment’s protections:
www.sotospeakpodcast.com | |||
| Ep. 102 Cultural sites, slurs, antisemitism, and Title IX | 22 Jan 2020 | 00:57:20 | |
On today’s episode of So to Speak: The Free Speech Podcast, host Nico Perrino is joined by his FIRE colleagues Robert Shibley, Samantha Harris, and Will Creeley to discuss:
Recorded on Jan. 15. www.sotospeakpodcast.com | |||
| Ep. 101 McCarthyism and The Red Scare | 02 Jan 2020 | 01:08:48 | |
“Are you now or have you ever been a member of the Communist Party?” Click here for podcast transcript. www.sotospeakpodcast.com | |||
| The 100th episode: The state of free speech in America | 12 Dec 2019 | 01:31:03 | |
On today’s edition of So to Speak: The Free Speech Podcast, we celebrate 100 episodes by bringing back on the show popular past guests for a wide-ranging discussion on the state of free speech in America. Joining us are:
Show notes: | |||
| Ep. 99 John Stuart Mill’s ‘On Liberty’ | 26 Nov 2019 | 01:27:31 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by professor Dale E. Miller to discuss the life and philosophy of the English philosopher John Stuart Mill, whose 1859 essay “On Liberty” is a classic text — maybe the classic text — defending the principles of free expression. Miller is a professor and associate dean for research and graduate studies at Old Dominion University. He is the author of J.S. Mill: Moral, Social, and Political Thought. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 98 ‘The First Amendment in the Trump Era’ w/ Professor Timothy Zick | 14 Nov 2019 | 01:00:44 | |
On today’s episode of So to Speak: The Free Speech Podcast, we are joined by William & Mary Law School Professor Timothy Zick to discuss his new book, “The First Amendment in the Trump Era.” www.sotospeakpodcast.com | |||
| Ep. 97 There’s no such thing as free speech, argues Stanley Fish | 31 Oct 2019 | 01:11:07 | |
Does free speech exist? According to Cardozo Law Professor Stanley Fish, it does not. On today’s episode of So to Speak: The Free Speech Podcast, we dig into what the colorful professor means by this assertion and discuss his forthcoming book, “The First: How to Think About Hate Speech, Campus Speech, Religious Speech, Fake News, Post-Truth, and Donald Trump.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 96 Who was Hayden C. Covington? | 17 Oct 2019 | 00:47:37 | |
He brought 45 First Amendment cases to the United States Supreme Court between 1939 and 1955. His success rate before the court was second only to future Supreme Court Justice Thurgood Marshall. He handled as many as 50 major cases a year and is responsible for much of the First Amendment doctrine we take for granted today. Who was this man — and why have most free speech scholars and activists never heard of him? On today’s episode of So to Speak: The Free Speech Podcast, we discuss the life and legacy of Hayden C. Covington, who for many years was legal counsel for the Jehovah’s Witnesses. We are joined by distinguished First Amendment scholar and recurring So to Speak guest Ronald K.L. Collins. Collins is the author of the Florida International University Law Review article “Thoughts on Hayden C. Covington and the Paucity of Litigation Scholarship.” Show notes:
www.sotospeakpodcast.com | |||
| Ep. 218: A warning label on social media? | 25 Jun 2024 | 01:26:50 | |
There is a movement afoot to restrict young people’s access to social media and pornography. Critics of social media and online porn argue that they can be harmful to minors, and states across the country are taking up the cause, considering laws that would impose age-verification, curfews, parental opt-ins, and other restrictions. Meanwhile, critics of the critics argue that the evidence of harm isn’t so conclusive and that many of the proposed restrictions violate core civil liberties such as privacy and free speech. So, who’s right? Clare Morell is a senior policy analyst at the Ethics and Public Policy Center and the author of the forthcoming book, “The Tech Exit: A Manifesto for Freeing Our Kids.”
Timestamps 0:00 Intro 2:17 The alleged harms of social media 11:31 Just another technological moral panic? 25:49 How is internet access currently restricted for minors? 41:17 The age verification problem 1:00:27 Assessing the First Amendment problems 1:07:21 Voluntary measures parents can take 1:25:30 Outro Shownotes “The Anxious Generation: How the Great Rewiring of Childhood Is Causing an Epidemic of Mental Illness” by Jonathan Haidt “Surgeon General: Why I’m Calling for a Warning Label on Social Media Platforms” by Vivek H. Murthy
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| Ep. 95 Twenty years of FIRE with co-founder Harvey Silverglate | 03 Oct 2019 | 00:45:46 | |
In 1999, criminal defense attorney Harvey Silverglate joined with University of Pennsylvania Professor Alan Charles Kors to found the Foundation for Individual Rights in Education. On today’s episode of So to Speak: The Free Speech Podcast, we connect with Silverglate at his office in Cambridge, Mass. to discuss FIRE’s founding, the origins of his interest in campus civil liberties, and what he sees for his creation’s future. Join FIRE in celebrating our 20th anniversary in New York City on Oct. 24. The event will feature a keynote address from author Salman Rushdie. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 94 Kevin Williamson’s ‘The Smallest Minority’ | 16 Sep 2019 | 00:49:52 | |
On today’s episode of So to Speak: The Free Speech Podcast, journalist Kevin Williamson joins us to discuss his new book, “The Smallest Minority: Independent Thinking in the Age of Mob Politics.” Williamson is the roving correspondent for National Review and co-host of the podcast Mad Dogs & Englishmen. Show notes:
www.sotospeakpodcast.com | |||
| Ep. 93 ‘Coddling’ one year later | 05 Sep 2019 | 00:46:15 | |
One year ago this week, “The Coddling of the American Mind: How Good Intentions and Bad Ideas Are Setting Up a Generation for Failure” was published. On today’s episode of So to Speak: The Free Speech Podcast, we sit down with FIRE President & CEO Greg Lukianoff, who co-authored the book with Jonathan Haidt, to reflect on what’s changed — or hasn’t changed — in the intervening year. Show notes:
Greg’s book references/recommendations:
www.sotospeakpodcast.com | |||